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Prison Legal News: July, 1992

Issue PDF
Volume 3, Number 7

In this issue:

  1. New Ruling May Impact Prison Law Library Policies (p 1)
  2. 42% of DC Young Black Men Said to Be in Justice System (p 1)
  3. Federal Cons Needn't Exhaust Administrative Remedies (p 2)
  4. Classification Does Not Violate Eighth Amendment (p 2)
  5. The Pen is Mightier Than The Sword (p 3)
  6. Deaf Inmates Certified as Class (p 3)
  7. No Room for Police State in America! (p 4)
  8. Editorial (p 4)
  9. Supreme Court Chides Ninth Circuit on Delays in Harris Execution (p 5)
  10. Prison Dentist Sues to Hide AIDS (p 5)
  11. Con Awarded $1,500 For Inadequate Book Access (p 5)
  12. Involuntary Medication Violates Due Process (p 6)
  13. Confiscation of Legal Papers States Claim (p 6)
  14. Confinement of Insanity Acquitees Who Have Regained Sanity Struck Down (p 6)
  15. CBCC Guard Arrested (p 6)
  16. NJ Prisoner Wins Censorship Suit (p 6)
  17. Inmate Assaulted by Guard Wins Suit (p 7)
  18. Prisoner Litigants May Be Shackled in Court (p 7)
  19. Test for Calling Witnesses at Disciplinary Hearing (p 7)
  20. Toward an Understanding of Today's Economic Terms (p 7)
  21. Disgruntled Reader Needs Barf Bag (p 8)
  22. Suit Being Filed Over CBCC Conditions (p 8)
  23. We Are Making Progress (p 9)
  24. Fully Informed Jury Project (p 9)
  25. Offers to Provide Legal Information (p 10)

New Ruling May Impact Prison Law Library Policies

By Ed Mead

Arecent decision by the United States Court of Appeals for the Ninth Circuit could have broad implications on policies governing the operation of inmate law libraries. The case addressed the common problems of proper training for inmate law clerks; redefining prisoner indigency requirements; the minimum amount of ...

42% of DC Young Black Men Said to Be in Justice System

More then 40 percent of the black men age 18 to 35 in the District of Columbia were "firmly in the grip of the criminal justice system" on an average day last year, according to a study by the National Center on Institutions and Alternatives (NCIA), an Alexandria, Virginia, based ...

Federal Cons Needn't Exhaust Administrative Remedies

A prisoner in a federal correctional institution filed a civil rights lawsuit seeking damages only for alleged deliberate indifference to his medical needs resulting from a back operation and a history of psychiatric problems. The suit was brought pursuant to Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S ...

Classification Does Not Violate Eighth Amendment

Frank James was a probation violator in the Milwaukee County Jail in Wisconsin. He was attacked by a parole violator over a gambling debt and had his neck broken rendering him a quadriplegic. James filed suit under § 1983 claiming that jail officials had violated his eighth amendment right to remain ...

The Pen is Mightier Than The Sword

By John Adams

I'm a prisoner at the Washington State Penitentiary in Walla Walla; Washington. I've been incarcerated for more than a decade. In 1984, 1 began studying the law while fighting for my life after stabbing another inmate to death. Eventually, my criminal law studies lead me ...

Deaf Inmates Certified as Class

Doris Clarkson is a deaf New York state prisoner who filed suit under 42 U.S.C. F 1983 because the women's prison at Bedford Hills, New York, lacked any type of facilities for deaf prisoners. At this point in the legal process the case primarily involves procedural issues ...

No Room for Police State in America!

America is again being set adrift upon shifting sand, just when our economy is so fragile. And so the Police State enters its battle cry, "Let's get tough on crime!" Then we watch the prime time results. Anarchy momentarily explodes, then the police move in to "control the situation ...

Editorial

Editorial Comments

By Ed Mead

Welcome to another issue of the newsletter. I've been so busy putting out a special issue of the PLN for prison law libraries across the country that I have not had much time to write my comments for this month. We are sending out ...

Supreme Court Chides Ninth Circuit on Delays in Harris Execution

California's execution of Robert Alton Harris - the state's first execution in 25 years - has highlighted tension between the U.S. Supreme Court and the Ninth Circuit U.S. Court of Appeals over the death penalty appeals process.

Judges on the Ninth Circuit issued four last-minute stays of execution ...

Prison Dentist Sues to Hide AIDS

A dentist who has treated patients at the Metropolitan Corrections Center, Chicago's federal prison, recently filed a lawsuit trying to prevent the Bureau of Prisons from disclosing the fact that he has AIDS to anyone except in medically justified cases.

In what lawyers say may be the first case ...

Con Awarded $1,500 For Inadequate Book Access

A prisoner housed in a maximum security building at a Delaware prison filed a lawsuit challenging the adequacy of the legal resources available to him. The court found the legal resources provided constitutionally inadequate and awarded him $750 in compensatory and $750 in punitive damages, as well as attorneys' fees ...

Involuntary Medication Violates Due Process

Christopher Breads is a prisoner in the Erie County Jail in New York state who was forcefully injected with psychotropic drugs by jail officials. He filed suit under § 1983 claiming his right to due process had been violated. The defendants moved for summary judgment which the district court denied.

The ...

Confiscation of Legal Papers States Claim

Charles Brownlee, a Wisconsin pretrial detainee filed a civil rights complaint, pursuant to 42 U.S.C. § 1983, after jail officials confiscated legal documents relevant to a law suit he had filed. That suit claimed he'd been denied access to a dentist for treatment of severe pain, and that ...

Confinement of Insanity Acquitees Who Have Regained Sanity Struck Down

On May 18,1992, the U.S. Supreme Court struck down on due process grounds a Louisiana statute that permits insanity acquittees to be confined to a mental institution on dangerousness grounds until they prove that they are not dangerous. Once an insanity acquittee has recovered his sanity, the basis ...

CBCC Guard Arrested

Edward Fulleton, 4-1 guard at the Clallam Bay Corrections Center (CBCC) in Clallam Bay, WA, was arrested at the prison and led away in handcuffs on April 17, 1992. Fulleton was a former foster parent who is charged in Lewis county with one count each of statutory rape in the ...

NJ Prisoner Wins Censorship Suit

In April, 1991, New Jersey DOC officials at the Trenton prison banned MIM Notes (journal of the Maoist International Movement) because it contained articles on oppression at Trenton. The DOC said all future issues would also be banned. One of the prisoners, Kevin Thomas, filed suit in state court challenging ...

Inmate Assaulted by Guard Wins Suit

An inmate's suit claimed that he was beaten by a number of officers in the presence of the sheriff. The court found that the beating was unprovoked. It was possible that the inmate had been talking loudly, but "that was no justification for beating him."

"In this case, the ...

Prisoner Litigants May Be Shackled in Court

Winston Holloway is an Arkansas prisoner who filed suit under § 1983 claiming that living conditions in the state prison's segregation unit violated the eighth amendment. At trial the jury ruled in favor of prison officials on all claims.

On appeal Holloway claimed that he had been denied a fair ...

Test for Calling Witnesses at Disciplinary Hearing

An inmate was found guilty of fighting and creating a dangerous disturbance on the basis of his being identified in a photo of the fight by an unidentified person. At the disciplinary hearing, he denied the charges and requested the name of the unnamed source who had identified him from ...

Toward an Understanding of Today's Economic Terms

By Ed Mead

We all hear so much about economic indicators these days, but do any of us really understand anything about them, or what they mean? How important are terms like the Consumer Price Index, Balance of Trade figures, Total Money Supply, Private Housing Units Started, Industrial Production, New ...

Disgruntled Reader Needs Barf Bag

After reading your March 1992 issue of the PLN I was thoroughly disillusioned, disgusted, and very disappointed that PLN would allow a prisoners' news source to be used to propagate something very harmful to everyone incarcerated [in this state]. I am speaking of the article on HB 2834 by Carrie ...

Suit Being Filed Over CBCC Conditions

On April 1, 1992, Troy Talbot, a prisoner here at the Clallam Bay IMU [Intensive Management Unit], was taken to the shower handcuffed and on a doggie leash. Prison guards had left the supply closet in the shower unlocked and Troy got hold of the fire hose and hosed down ...

We Are Making Progress

A year ago, when the HOW board voted to make a donation to Prisoner's Legal News, we wrote to tell you how crucial we believe prison reform is in our country today and how excited we were about your ground breaking work. We were delighted with the early issues ...

Fully Informed Jury Project

I wanted to write and say your newsletter is alright! I like being able to see the newest decisions that are coming down, to see how much more rights we are loosing, and losing them we are. I have something your readers might be interested in. Yesterday I received a ...

Offers to Provide Legal Information

Offers To Provide Legal Information

I'm an incarcerated paralegal and am always on the lookout for new information that can aid me in my efforts to help others that are in this system. As it's well known fact that the system is in very serious trouble and the ...